REPRESENTING INSPECTORS OF CUSTOMS, CENTRAL EXCISE AND SERVICE TAX OF DELHI ZONE (RECOGNIZED BY GOVERNMENT OF INDIA, MINISTRY OF FINANCE)

Friday, 22 February 2013

CAT Judgement on fixation of seniority of Inspectors of Central Excise: Delhi Zone

CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH

OA NO.411 of 2013
MA NO.276 of 2013
New Delhi, this the 6th day of February, 2013

HON BLE DR. DHARAM PAUL SHARMA, MEMBER (J)
... HON BLE SHRI BIRENDRA KUMAR SINHA, MEMBER (A)

... 1. Ravi Shankar Saini,
s/o Shri M.P. Saini,
H.No.C-6, Yadav Park,
Rohtak Road, Nangloi,
DELHI-110041.

2. Vikram Singh
S/o Shri Mamraj Singh,
L-2/15-B, DDA Flats,
Kalkaji,
NEW DELHI-110019.

3. Girish Gupta,
S/o Shri Budh Prakash,
C-24/D, Gautam Nagar,
New Delhi-110049.

4. Kulvender
S/o Shri Satbir Singh,
House No.754,
VPO Jaunti,
Delhi-110081.

5. Rajesh Sharma
S/o Shri S.S. Sharma,
L2/110A, DDA Flats,
Kalkaji,
NEW DELHI-110019.

6. Nitin Mishra
S/o Shri Arun Kumar Mishra,
L2/2-B, DDA Flats,
Kalkaji,
NEW DELHI-110019.

7. Birender Singh Raj,
S/o Shri Harbans Singh,
162-A, Pocket J & K,
Dilshad Garden,
DELHI-110095.
8. Dharmendra Kumar,
S/o Shri Krishan Kumar Sharma,
L2/102-B, DDA Flats,
Kalkaji,
NEW DELHI-110019.

9. Sanjay Taneja,
S/o Shri Chander Bhan Taneja,
5/520, Indira Colony,
Sonepat (HARYANA).

10. Mritunjay Kumar Patel,
s/o Shri Sudhir Kumar,
B-113-114, Gandhi Vihar,
New Delhi.

11. Ranjit
S/o Shri Zile Singh,
666, Nayak Mohalla,
Bijwasan,
NEW DELHI-110061.
..Applicant.
(By Advocate : Shri Devender Bhushan)

versus

1. The Chief Commissioner of Central Excise,
Delhi Zone, C.R. Building,
I.P. Estate,
NEW DELHI-110002.

2. The Commissioner,
O/o the Chief Commissioner of Central Excise,
Cadre Control Unit (Delhi Zone),
C.R. Building, I.P. Estate,
NEW DELHI-110002.
..Respondents
ORDER (ORAL)
DR. DHARAM PAUL SHARMA, MEMBER (J) :
By way of this Application jointly filed by 11 applicants under Section 19 of the Administrative Tribunals Act, 1985, the applicants are, inter alia, seeking directions to the respondents to refix/reconsider the draft seniority list as published by them on their website by duly considering the grievances aired by the applicants in terms of the DOP&T Office Memorandum and the Hon ble Supreme Court judgment dated 27.11.2012 passed in Union of India vs. N.R. Paramar and others and thereafter finalize the seniority list.
2. It is noted in this regard that one of the applicant, namely Shri Ravi Shankar Saini, applicant no.1, had made representation to respondent no.1 through proper channel requesting for re-fixing of seniority in the seniority list of Inspector (Customs and Central Excise Commissionerate, New Delhi) keeping in view the judgment of the Hon ble Supreme Court in the case of N.R. Paramar (supra) and DOP&T OM dated 3.7.1986 which have inter alia been raised in the present Application as well. A copy of the said representation is at Annexure A-5 at page 94 to 97 of the paperbook. The applicants grievance has been that the respondents have not considered this representation so far. Instead they are proceeding to grant in situ promotion from the cadre of Inspector to Superintendent based on the basis of draft seniority list to be finalized if duly considering the objections raised their against by the applicants herein.
3. When the Application came up for hearing for admission, the learned counsel for the applicants submitted that the applicants would be satisfied if the respondents are directed to consider and decide the representation referred to above along with the present Application as a supplementary representation of the applicants within a fixed time frame. Until the representation is so decided and draft seniority list is consequently finalized, they be directed not to initiate the process of granting in situ promotions on the basis of draft seniority list.
4. In view of the aforesaid, it is considered expedient to dispose of the present Application at the admission stage itself without going into the merits of the case by directing the respondents to consider and decide the representation made by the applicant no.1 herein on 21.12.2012, as at Annexure A-5, by passing a reasoned and speaking order within one month from the date of receipt of such representation from the applicants. While doing so, the present OA shall also be taken into consideration as a supplementary representation of the applicants.
5. The Application is disposed of in terms of above directions. No costs.

(Birendra Kumar Sinha) (Dr. Dharam Paul Sharma)
Member (A) Member (J)

No comments:

Post a Comment